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Checkpoint Ltd v Strathclyde Pension Fund

Series: Estates Gazette ; [2003] 14 EG 124-132(9)Publication details: 2003Subject(s): Online resources: Summary: [2003] EWCA Civ 84, 6 February 2003. Appeal against HC decision (ChD WB3812-08) by tenant (C)seeking to set aside an award made by an arbitrator, a chartered surveyor, in respect of a rent review. The HC dismissed a challenge to the award on the grounds of serious irregularities within the Arbitration Act 1996 s68 but granted permission to appeal to the CA on two points. Firstly had the arbitrator used inquisitorial powers without following the agreed procedure and secondly had he failed to deal with the issue of over-supply and poor demand? CA upheld the HC's decision dismissing the challenge to the award on the grounds of serious irregularities. The CA dismissed the claims that the arbitrator had exercised inquisitorial powers and that he had failed to deal with the issue of over-supply of and poor demand for comparable premises. Whilst expressing sympathy for C's position in seeing the rent doubled and the arbitrator accepting the landlord's expert figures , the CA dismissed any idea of serious procedural irregularity in the conduct of the arbitration. Appeal dismissed. View judgment at www.courtservice.gov.uk.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article X121614 (Browse shelf(Opens below)) 1 Available 121614-1001

[2003] EWCA Civ 84, 6 February 2003. Appeal against HC decision (ChD WB3812-08) by tenant (C)seeking to set aside an award made by an arbitrator, a chartered surveyor, in respect of a rent review. The HC dismissed a challenge to the award on the grounds of serious irregularities within the Arbitration Act 1996 s68 but granted permission to appeal to the CA on two points. Firstly had the arbitrator used inquisitorial powers without following the agreed procedure and secondly had he failed to deal with the issue of over-supply and poor demand? CA upheld the HC's decision dismissing the challenge to the award on the grounds of serious irregularities. The CA dismissed the claims that the arbitrator had exercised inquisitorial powers and that he had failed to deal with the issue of over-supply of and poor demand for comparable premises. Whilst expressing sympathy for C's position in seeing the rent doubled and the arbitrator accepting the landlord's expert figures , the CA dismissed any idea of serious procedural irregularity in the conduct of the arbitration. Appeal dismissed. View judgment at www.courtservice.gov.uk.